S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1328

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER, PARKER, SAMP-
  SON,  SAVINO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Finance

AN ACT to create a temporary state commission to study  and  investigate
  issues affecting reentry of inmates released from correctional facili-
  ties;  making  an appropriation therefor; and providing for the repeal
  of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  A temporary state commission, to be known as the New York
state criminal justice commission on reentry (hereinafter "commission"),
is hereby created to study issues, including  relevant  statutes,  regu-
lations  and  existing  programs involving reentry and re-integration of
inmates released from  state  and  local  correctional  facilities.  The
commission shall investigate all factors that impede successful re-inte-
gration  into  society  and obviate the concept of a second chance.  The
commission shall analyze the impact of existing policies  on  successful
reentry, identify specific obstacles to re-integration and compare poli-
cies  of this state to those of other states and the federal government.
The commission shall collect data from state and  federal  agencies  and
may analyze any current research deemed relevant and appropriate.
  S  2.  a. The commission shall consist of eighteen members as follows:
three members shall be appointed by the speaker of the  assembly;  three
members shall be appointed by the temporary president of the senate; two
members shall be appointed by the minority leader of the senate; and two
members  shall  be  appointed  by  the  minority leader of the assembly.
Members so appointed shall be representative of community based  provid-
ers of employment, education, housing and other services needed by indi-
viduals  returning  to  society from prison, criminal justice advocates,
and academic professionals in the field of criminal justice. The remain-
ing members shall be the heads of the following departments or  agencies
or  their respective designees: the department of correctional services,
the department of criminal justice services, the division of housing and
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03864-01-3

S. 1328                             2

community renewal, the department of labor, the department of education,
the office of alcoholism and substance abuse services, the  division  of
probation  and  correctional alternatives and the division of parole. No
person  shall  be  a  member  of  such commission while such person is a
member of the senate or assembly. Any vacancy on such  commission  shall
be  filled  in the same manner as the original appointment was made. The
chairperson of the commission shall be the head or designee of the divi-
sion of criminal justice services. The vice-chairperson of  the  commis-
sion  shall  be a representative of one of the community-based organiza-
tions and appointed by the chairperson.
  b. Except as provided in subdivision a of  this  section,  no  member,
officer or employee of the commission shall be disqualified from holding
any  other  public office or employment, nor shall he or she forfeit any
such office or employment by reason of his or her appointment hereunder,
notwithstanding the provisions of any general,  special  or  local  law,
ordinance or city charter.
  S  3.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 4. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made  available  by  appropriation
therefor.
  S  5.  For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant through its own personnel  or  in  cooper-
ation with or by agreement with any other public or private agency. Such
commission shall meet and hold public hearings or private meetings with-
in  or without the state, and shall have all the powers of a legislative
committee pursuant to the legislative law.
  S 6. The commission may request and shall receive from  any  court  in
the  state  and from any subdivision, department, board, bureau, commis-
sion, office, agency or other instrumentality of the  state  or  of  any
political subdivision thereof such facilities, assistance and data as it
deems  necessary or desirable for the proper execution of its powers and
duties and to effectuate the purposes set forth in this act.
  S 7. The commission shall make a report of its findings, including any
recommendations for legislative action as  it  may  deem  necessary  and
appropriate, to the governor and the legislature no later than the thir-
ty-first  of December in the year next succeeding the year in which this
act shall have become a law.
  S 8. The sum of two hundred fifty thousand dollars  ($250,000)  or  so
much  thereof  as  may be deemed necessary is hereby appropriated out of
any moneys in the state treasury in the general fund to  the  credit  of
the state purposes account for services and expenses of the state crimi-
nal  justice commission on reentry, not otherwise appropriated, and made
immediately available for the purposes of carrying out the provisions of
this act.  Such moneys shall be payable on the audit and warrant of  the
comptroller on vouchers certified or approved by the chair of the tempo-
rary commission established by this act.
  S 9. This act shall take effect immediately and shall continue in full
force  and effect until the thirty-first of December next succeeding the
year in which it shall have  become  a  law  when  upon  such  date  the
provisions of this act shall expire and be deemed repealed.